February 20, 2025
DOCCS: Today marks day four of the illegal strike staged by correction officers in 36 of DOCCS facilities, which includes Elmira.
Commissioner Daniel F. Martuscello III just issued the memo, “Path to Restoring Workforce”, to all DOCCS Superintendents following the Governor’s signing the Executive Order authorizing the deployment of the National Guard to ensure the safety and security of New York’s correctional facilities.
M E M O R A N D U M
TO: All Superintendents
FROM: Daniel F. Martuscello III, Commissioner
SUBJECT: Path to Restoring Workforce
DATE: February 20, 2025
Yesterday, Governor Hochul signed an Executive Order that authorized the National Guard to be deployed to help ensure the safety and security of New York State’s correctional facilities. This Order also provides authority for additional overtime compensation for correction officers and other staff who are reporting for duty and actively working to secure our facilities.
In addition to the Executive Order, the Department will take the following steps:
• The provisions of the HALT legislation permit temporary suspension of specific elements of HALT under “exceptional circumstances” where these circumstances “create a significant and unreasonable risk to the safety and security of other incarcerated persons, staff or the facility.”
Accordingly, we are suspending the elements of HALT that cannot safely be operationalized under a prison wide state of emergency until we can safely operate the prisons.
• Immediately rescind the “70/30” memorandum dated February 10, 2025, concerning Security Staffing Reviews
• Provide an overtime rate of 2.5 times the regular rate for employees who continue to work at correctional facilities across the state for the duration of the emergency as was authorized in the Executive Order and negotiated between NYSCOPBA and the state to be implemented by the Comptroller’s Office
• Not pursue discipline against any employees who immediately report to work today, before 11:59 pm, regardless of the employee’s schedule or shift, who were participating in the job action
• The National Guard will remain in place until which time we can stabilize the operations of the facilities and ensure the safety of officers returning to work, the incarcerated population and the surrounding communities
We will continue to work with NYSCOPBA President Summers and his Executive Board through the agreed upon mediation process to address our ongoing recruitment, retention and overall safety issues, as well as the legislature and other stakeholders. The safety and security of the staff and incarcerated population is paramount to me. I value the hard work and commitment of the men and women at DOCCS who have had to sacrifice time with their families due to the current staffing shortage. At this time, I am urging all those on strike to return to the facilities today in order to restore the safety and security to our facilities.
